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§ 8-1810. Failure of local jurisdiction to develop, propose programs; adoption of programs by C...

West's Annotated Code of MarylandNatural Resources

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 18. Chesapeake and Atlantic Coastal Bays Critical Area Protection Program (Refs & Annos)
MD Code, Natural Resources, § 8-1810
§ 8-1810. Failure of local jurisdiction to develop, propose programs; adoption of programs by Commission
Failure of local jurisdiction to develop, propose program
(a) If a local jurisdiction fails to notify the Commission that the local jurisdiction will develop a program, fails to submit a proposed program or changed proposal on time, or fails to obtain Commission approval of a proposed program or changed proposal that is submitted, the Commission shall prepare and adopt a program that satisfies the criteria adopted under § 8-1808 of this subtitle for the part of the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in that local jurisdiction.
Adoption of program by Commission
(b) Where a local jurisdiction failed to adopt or obtain Commission approval of a program, the Commission shall adopt a program for that jurisdiction by adopting regulations in accordance with Title 2, Subtitle 5 (Joint Committee on Administrative, Executive, and Legislative Review) and Title 10, Subtitle 1 (Administrative Procedure Act1) of the State Government Article. Before the full Commission adopts a program under this subsection, the Commission shall appoint a panel of 3 of the Commission's members to conduct in the affected jurisdiction at least 2 public hearings at least 10 days apart on the proposed program, for which 2 weeks’ notice shall be published in a newspaper of general circulation in the local jurisdiction. A program adopted by the Commission under this subsection shall supersede any inconsistent local laws, ordinances, or plans.
Effect of adoption of program by Commission
(c) If the Commission adopts a program for a local jurisdiction, the program shall be implemented and enforced by local authorities in the same manner as if the program had been adopted by the local jurisdiction itself.
Alternative programs from local jurisdiction
(d) If, at any time after the Commission has adopted a program for a local jurisdiction, the local jurisdiction submits an alternative program of its own that satisfies the criteria adopted under § 8-1808 of this subtitle and is approved by the Commission, the alternative program supersedes the program adopted by the Commission.

Credits

Added by Acts 1984, c. 794. Amended by Acts 1990, c. 6, § 2; Acts 2002, c. 433, § 1, eff. June 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003.

Footnotes

State Government § 10-101 et seq.
MD Code, Natural Resources, § 8-1810, MD NAT RES § 8-1810
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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